As a passenger in a car, you are putting your life into the hands of the person driving. It can be very easy to trust your driver and assume that an accident will not happen. However, if catastrophe strikes and a collision does occur, you have certain rights through which you can receive compensation as a passenger.
Basic First Party Rights
A passenger in an automobile has the same rights to recover no-fault benefits that a driver of an automobile does. These rights are as follows:
- The right to recover up to three years of lost wages (if you are disabled as a result of injuries from your automobile accident). This is paid at a rate of 85% of your wage.
- Up to three years of compensation for help around the house (from friends or family members assisting you with tasks that you did for yourself prior to your accident). These benefits are paid at up to $20 per day.
- Medical bills related to your automobile accident (up to the amount of the medical limit purchased from your automobile insurance company).
Who Pays the No-Fault Benefits?
If you are the passenger in an automobile involved in an accident, your first option for payment of your no-fault benefits would be through your own auto insurance carrier. Your auto insurance policy follows you anywhere you go, regardless of whether you’re a driver, passenger or even a pedestrian or bicyclist.
If you do not own an automobile that has insurance, your next option for payment would be to obtain your no-fault benefits through the auto insurance company of any “resident relative”.
Who Is a Resident Relative?
A resident relative is a person who is related to you (by blood or by marriage) and who resides in your household.
If you do not own an automobile with insurance, but you live with your brother (for example), your no-fault insurance benefits would come from his insurance company (assuming he owns an automobile with insurance).
If you do not own an automobile with insurance, and you do not live with a resident relative (who owns an automobile with insurance), your next option for payment of your no-fault benefits would be through the Michigan Assigned Claims Plan.
To take advantage of this program, you apply through the MACP website, and an insurance company is assigned to you. That insurance company is then obligated to pay your no-fault benefits.
The Third-Party Rights of a Passenger Injured in an Automobile Accident
Since you are a passenger, it is safe to assume you did not cause the automobile accident you were involved in. Therefore, you are free of comparative negligence.
As a passenger, you can sue whomever you believe caused the accident (which resulted in your injuries). This can include, but is not limited to:
- Your own driver
- The other driver or drivers involved in the accident
- Any other potentially liable party (including the employer of any commercial truck driver)
- The employer of any person driving a vehicle in the course and scope of their employment
In order to recover against the driver who caused your accident, you must meet a minimum standard in Michigan, known as the “serious impairment” standard.
To meet this standard, you must have sustained a serious impairment of a body function that affects your general ability to lead a normal life. This doesn’t necessarily mean you life needs to be ruined permanently by your accident. You just need to exhibit some level of functional hinderance for an extended period of time.
Get David Get Paid
Hire the experts. Hire Femminineo law. The attorneys at Femminineo Law have handled automobile accident cases for passengers for over 30 years. We can help you. Give us a call anytime at 855-65-CRASH or go to our website www.getdavidgetpaid.com.
